DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restriction and Claim Status
Applicant’s election without traverse of Group I, Claims 1–11 in the reply filed on 21 January 2026 is acknowledged. Claims 12–16 are withdrawn from further consideration pursuant to CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1–9 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 2017/0075963 A; see attached machine translation) in view of Yamamoto (US 2021/0376326 A1).
Regarding Claims 1 and 4–6, Kwon discloses an anode (see multilayer electrode, [0012], which may be a negative electrode, [0048]) for a lithium secondary battery (see lithium secondary battery, [0058]), comprising:
an anode current collector (see current collector, [0014]); and
a first anode active material layer (see electrode mixture layer located relatively closer to the current collector, [0020]) and a second anode active material layer (see electrode mixture layer located relatively farther from the current collector, [0020]) sequentially stacked on a surface of the anode current collector ([0014]), each of the first anode active material layer and the second anode active material layer comprising an anode active material and a binder ([0015]).
Kwon does not explicitly disclose wherein a content of a free binder unbonded with the anode active material in the first anode active material layer based on a weight of the binder included in the first anode active material layer is greater than a content of a free binder unbonded with the anode active material in the second anode active material layer based on a weight of the binder included in the second anode active material layer (Claim 1), wherein a ratio of the free binder content of the second anode active material layer to the free content of the first anode active material layer is 0.6 or less (Claim 4), wherein the free binder content of the second anode active material layer is 6% or less (Claim 5), nor wherein the free binder content of the first anode active material layer is 10% or more (Claim 6). However, Kwon does disclose ([0016]) that the binder content of the first anode active material layer is greater than the binder content of the second anode active material layer. Note that Kwon is analogous to the claimed invention as it is in the same field of lithium secondary batteries.
Yamamoto teaches an anode (see electrode, [0089], which can comprise a negative electrode active material, [0030]) for a lithium secondary battery (see lithium ion cell, [0097]), comprising: an anode current collector (see current collector, [0028], [0089]); and an anode active material layer (see electrode-active-material layer, [0026], [0089]) on a surface of the anode current collector ([0028], [0089]), the anode active material layer comprising an anode active material and a binder ([0026], [0030]). Yamamoto teaches that increasing the content of free binder unbonded with the anode active material in the anode active material layer based on a weight of the binder included in the anode active material layer (see amount of binder present in the free form in the slurry, e.g. [0028])—which can be accomplished by e.g. increasing the amount of binder in the anode active material layer ([0086])—increases the adhesion ability between the anode active material layer and the surface of the anode current collector ([0028], [0086], [0087]). However, Yamamoto also discloses ([0080]) that excessively increasing the content of binder relative to the content of anode active material in the anode active material layer can decrease cell capacity. Note that Yamamoto is analogous to the claimed invention as it is in the same field of lithium secondary batteries.
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the free binder content is a variable that achieves the recognized result of affecting the adhesion ability of the anode active material layer to the current collector and the cell capacity, as taught by Yamamoto, thus making the free binder content a result-effective variable.
It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to adjust the free binder content in each of the first and second active material layers independently (considering e.g. their proximity to the anode current collector) in the anode of Kwon such that a content of a free binder unbonded with the anode active material in the first anode active material layer based on a weight of the binder included in the first anode active material layer is greater than a content of a free binder unbonded with the anode active material in the second anode active material layer based on a weight of the binder included in the second anode active material layer, a ratio of the free binder content of the second anode active material layer to the free content of the first anode active material layer is 0.6 or less, the free binder content of the second anode active material layer is 6% or less, and the free binder content of the first anode active material layer is 10% or more, via routine experimentation, for the purpose of achieving suitable levels of adhesion ability to the current collector and contribution to cell capacity for each of the anode active material layers.
Regarding Claim 2, modified Kwon discloses the anode for a lithium secondary battery of Claim 1. Kwon further discloses (e.g. Example 1 [0074]–[0078]) wherein the first anode active material layer and the second anode active material layer are each formed from an anode slurry containing the anode active material and the binder.
However, it is submitted that the above limitation is considered to be a product-by-process limitation, and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (In re Thorpe, 227 USPQ 964,966).
Modified Kwon does not explicitly disclose wherein a free binder content calculated by Equation 1 below of the first anode active material layer is greater than a free binder content calculated by Equation 1 below of the second anode active material layer:
[Equation 1]
Free Binder Content (%) = [(WUI–WUF)/BT]*100
wherein, in Equation 1, BT is a total weight (g) of the binder included in the anode slurry,
the anode slurry is phase-separated into an upper slurry and a lower slurry by centrifuging at 15,000 rpm for 20 minutes, and a weight (g) of the upper slurry after being dried is represented as WUI, and
WUF is a weight (g) after firing the dried upper slurry by heating from a room temperature to 400 °C at a rate of 50 °C/min.
However, it can be understood that as it has already been established in the rejection of Claim 1 above that the free binder content of the first anode active material layer is greater than the free binder content of the second anode active material layer in modified Kwon, this will be the case regardless of how said free binder content is calculated.
Regarding Claim 3, modified Kwon discloses the anode for a lithium secondary battery of Claim 2. Kwon further discloses wherein the anode slurry further comprises a conductive material ([0041], [0076]).
Regarding Claim 7, modified Kwon discloses the anode for a lithium secondary battery of Claim 1. Kwon further discloses wherein each of the first anode active material layer and the second anode active material layer comprises a silicon-based active material and a carbon-based active material as the anode active material ([0050], [0053], Example 1 [0074]–[0078]; note that while [0053] refers to the electrode as a “cathode”, it can be understood based on the context of e.g. [0050] and [0054] that this is a translation error and the electrode being referenced is the negative electrode, i.e. anode).
Regarding Claim 8, modified Kwon discloses the anode for a lithium secondary battery of Claim 7. Modified Kwon further discloses wherein the carbon-based active material comprises artificial graphite (see crystalline artificial graphite, [0050]).
Regarding Claim 9, modified Kwon discloses the anode for a lithium secondary battery of Claim 7. Kwon further discloses ([0056]) wherein a content of the silicon-based active material is from 1 to 10 wt% based on a total weight of the anode active material, which overlaps with the claimed range of from 5 wt% to 30 wt%. Note that when the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 2017/0075963 A; see attached machine translation) in view of Yamamoto (US 2021/0376326 A1) as applied to Claim 1 above, in further view of Song et al. (US 2022/0069293 A1).
Regarding Claim 10, modified Kwon discloses the anode for a lithium secondary battery according to Claim 7, but does not disclose wherein a degree of vertical orientation of the carbon-based active material included in the first anode active material layer is smaller than a degree of vertical orientation of the carbon-based active material included in the second anode active material layer.
Song teaches an anode (see negative electrode, [0033]) for a lithium secondary battery (see rechargeable lithium battery, [0033]) comprising: an anode current collector (see current collector, [0033]); and a first anode active material layer (see first layer, [0034]) and a second active material layer (see second layer, [0034]) sequentially stacked on a surface of the anode current collector ([0034]), each of the first anode active material layer and the second anode active material layer comprising an anode active material ([0034]) and a binder ([0088]), wherein each of the first anode active material layer and the second anode active material layer comprises a silicon-based active material and a carbon-based active material as the anode active material ([0085]). Song teaches that a degree of vertical orientation of the carbon-based active material (see DD (Degree of Divergence), [0035], [0044]–[0046], FIG. 2) included in the first anode active material layer should be smaller than a degree of vertical orientation of the carbon-based active material included in the second anode active material layer in order to allow electrolyte to be readily immersed in the anode active material layer and to shorten a transfer path of lithium ions, thus resulting in an anode with excellent high-rate characteristics ([0046]). Note that Song is analogous to the claimed invention as it is in the same field of lithium secondary batteries.
It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the anode of modified Kwon such that a degree of vertical orientation of the carbon-based active material included in the first anode active material layer is smaller than a degree of vertical orientation of the carbon-based active material included in the second anode active material layer, as taught by Song, for the purpose of allowing electrolyte to be readily immersed in the anode active material layer and to shorten a transfer path of lithium ions, thus resulting in an anode with high-rate characteristics.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 2017/0075963 A; see attached machine translation) in view of Yamamoto (US 2021/0376326 A1) as applied to Claim 1 above, as evidenced by Chen et al. (Chen, X.; Shen, W.; Vo, T.T.; Cao, Z.; Kapoor, A. An Overview of Lithium-ion Batteries for Electric Vehicles, 2012 10th International Power & Energy Conference (IPEC), Ho Chi Minh City, Vietnam, p. 230–235, published 2012) and Tian et al. (Tian, C.; Lin, F.; Doeff, M.M. Electrochemical Characteristics of Layered Transition Metal Oxide Cathode Materials for Lithium Ion Batteries: Surface, Bulk Behavior, and Thermal Properties, Accounts of Chemical Research 51, p. 89–96, published 19 December 2017).
Regarding Claim 11, modified Kwon discloses the anode for a lithium secondary battery of Claim 1. Kwon further discloses a lithium secondary battery (see lithium secondary battery, [0058]), comprising:
the anode for a secondary battery according to Claim 1.
Kwon does not explicitly disclose a cathode facing the anode, however one of ordinary skill in the art will understand that this will necessarily be the case in a functioning lithium secondary battery, as evidenced by Chen (FIG. 2 and FIG. 3).
Kwon does not explicitly disclose the cathode including a lithium-transition metal oxide as a cathode active material. However, it is well-known in the field of lithium secondary batteries that layered lithium transition-metal oxides are a prominent type of cathode active material that can increase energy densities and lifetime, reduce costs, and improve safety for electric vehicles and grid storage, as evidenced by Tian (p. 89 ¶ “CONSPECTUS: Layered lithium…”).
It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the lithium secondary battery of modified Kwon such that the cathode includes a lithium-transition metal oxide as a cathode active material, as it is well-known in the field as evidenced by Tian that layered lithium-transition metal oxides are a prominent type of cathode active material that can increase energy densities and lifetime, reduce costs, and improve safety for electric vehicles and grid storage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA MARIE FEHR, Ph.D. whose telephone number is (571)270-0860. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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/J.M.F./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725